Section 377 IPC not maintainable in Husband and Wife cases?

Misuse of Section 377 IPC in Matrimonial Disputes: An Examination Post-Navtej Singh Johar Judgment In matrimonial disputes in India, it is not uncommon for wives to allege offenses under Section 377 of the Indian Penal Code (IPC) against their husbands and in-laws. This is often done to enhance the severity of charges and exert additional […]

How to get Stay on trial in 498aIPC or 85/86 BNS from High Court in quashing

Generally, we do not advise husbands to seek quashing of Section 498A IPC or Sections 85/86 BNS because typically the courts do not interfere in such matters. Instead, we recommend that our clients seek quashing for their relatives, such as their father, mother, brother, and sister, as the chances of success are much higher. However, […]

How The New BNSS effects the Matrimonial Proceedings-Part-1

The new BNSS came into force from 1st July 2024 and there are number of major changes now in criminal procedure erstwhile CrPC which is now replaced by BNSS. Now how it will effect the matrimonial proceedings we will discuss in parts. In this part we will discuss the effect of BNSS on CrPC right […]

The effect of BNS Bhartiya Nyay Sanhita on matrimonial disputes

The new laws—BNS, BSS,  and BNSS—were enacted and came into force on July 1, 2024. It is pertinent to mention that these laws will significantly affect the implementation of matrimonial disputes currently ongoing or to be filed in the future. The amended laws have a profound impact on the matrimonial procedures adopted by the courts. This […]